The court allowed the present S.B. Criminal Writ Petition, ordering it to be governed by a prior judgment in Asharam case regarding the release of seized agricultural vehicles.
The petition is allowed and all orders are to be governed by the judgment in Asharam Vs. State of Rajasthan dated February 3, 2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Writ Petition No.198/2020
Shambhu Dayal S/o Prakash Chand, Aged About 38 Years, R/o 23 Mandir Colony Thikariya Kalan Post Gogundi Tehsil Nawa Dist. Nagaur Raj.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. S.S. Mehla, PP
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
04/06/2020
Learned counsel for petitioner has placed reliance on the judgment passed by this court in Asharam Vs. State of Rajasthan, SB Criminal Misc. Petition No.2723/2019 along with connected matters, decided vide order dated 3rd February, 2020 wherein the following order has been passed:
“14. In view thereof, the impugned orders passed by the Courts below dated 30.3.2019, 21.10.2019, 3.10.2019, 10.10.2019, 8.11.2019, 25.4.2019 and 8.4.2019 in each of the case shall stand set aside and this court directs as under:
a) The concerned Police Station shall release the tractor and trolley to the person, who is the registered owner of the vehicle alone.
b) The release of the tractor and trolley shall be subject to the condition that the concerned owner shall get both the
(2 of 2)
[CRLW-198/2020]
tractor and the trolley registered with the transport authorities and also obtain due permit within a period of one month from the date of release and deposit the copy with the concerned Police Station.
c) A personal security of an amount of Rs.5,00,000/- to the satisfaction of the concerned Court to which the concerned Police Station is attached, shall be submitted for the purpose of release of the vehicle.
d) The petitioner shall keep the vehicle so released intact and shall not change its identification. The petitioner shall produce the vehicle as and when trial Court requires the same for proposed identification of the case property.
e) The petitioner shall furnish the photographs of the vehicle showing its number and colour etc.
f). At the time of release, the petitioner shall also give an undertaking to the effect that vehicle shall not be used for any illegal purpose and if so found, the concerned owner shall be personally liable.“
Accordingly, this petition is allowed and is ordered to be governed in terms of the aforesaid judgment.
(SANJEEV PRAKASH SHARMA),J
Karan Bhutani /50
Colour shows how this judgement treated each authority
Asharam Vs. State of RajasthanFollowed¶14
Asharam Vs. State of Rajasthan, SB Criminal Misc. Petition No.2723/2019
Shambhu Dayal
State Of Rajasthan
S.h.o. Ps Karghani Jaipur
Mining Engineer
SANJEEV PRAKASH SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
